Posted by Eric Posner:
More on fractional reserve banking.
http://volokh.com/archives/archive_2008_11_09-2008_11_15.shtml#1226288766


   Walter Block posts a [1]response to my earlier [2]post. He still says
   that borrowing money from a depositor is like selling a �square
   circle�: it is a �logical contradiction.� It�s not, as long as the
   contract right is defined correctly.

   A and C enter the following contract. A is to give C $100 and agrees
   that C may do various things with it � lend it out, invest it,
   whatever. The contract provides further that A may demand cash up to
   $100 (never aggregating more than $100) from C at any time. C must
   satisfy the demand in cash to A if C has cash on hand; if not, C must
   liquidate his assets up to A�s demand and pay the proceeds to A. If,
   even after liquidating his assets, C does not have enough to satisfy
   A�s demand, he must pay what he has, and A�s ability to satisfy his
   claim is contingent on C obtaining additional assets.

   Block says that C is �bankrupt� the moment that he accepts A�s cash
   and turns around and loans out part or all of it to another party, B.
   This is not true as a matter of law or economics. C�s loan to B is
   worth something and appears as an asset on C�s balance sheet. It�s
   perfectly possible that if A demands his $100 back on day 2, C will be
   able to sell the loan and use the proceeds to pay back A and even make
   a profit.

   Still, if Block is right, I�d think libertarians would be troubled by
   the thought of a vibrant market, going back many, many years, in
   square circles, involving millions of sophisticated people on both
   side of the transaction, endorsed by thousands of common law judges
   who are responsible for all our other precious contract and property
   rights. It�s not a result of fraud in the sense of deceit, Block says
   (even though that is what fraud means). It is a kind of �fraud� where
   both parties, with full knowledge of a transaction that is internally
   contradictory, nonetheless decide to go through with it. If I offer to
   sell you a square circle, would you buy? With delusional behavior on
   such a grand scale, fractional banking would be the least of our
   problems.

References

   1. http://www.lewrockwell.com/block/block111.html
   2. http://volokh.com/posts/1225805194.shtml

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